Minutes 1989/04/17
Invocation
Posting
Agenda
Roll Call
Emp.Award
Consent
Calendar
Regular Meeting
April 17, 1989
Gilroy, California
The Mayor led the Pledge of Allegiance to the Flag.
The Mayor called on Ltd. Dennis T4immer, Salvation Army, to
give the Invocation.
The City Clerk reported that the Agenda had been posted on
April 13, 1989 at 8:46 a.m.
Present: Councilmembers: Leonard A. Hale, Paul V. K10ecker,
Larry Mussallem, Daniel D. Palmerlee, Pete Valdez, Jr. and
Roberta H. Hughan; Absent: Councilmember: Donald F. Gage;
The Mayor presented Steve Baty, Police Officer, with the
Employee of the Month of March, 1989 Award.
Motion was made by Councilman Kloecker, seconded by Coun-
cilman Hale that the following items under the Consent Calendar
be approved by the following Roll Call Vote: Ayes: Councilmem-
Minutes
Budget
Investmts.
Res.89-18
Def.Dev.
Agrees.
Roll Call
RDA
Res.89-3/
89-7
, ~7. 3 C. '
V "<,.....}
bers: Hale, Kloecker, Mussallem, Palmerlee, Valdez and Hughan;
Absent: Councilmember: Gage;
Approved the Minutes of the Regular Council Meeting of
April 3, 1989;
Approved the Request for Budget Amendments and Transfers as
presented and recommended;
Noted Report of Investments with Maturities exceeding one
year;
Adopted Resolution No. 89-18 authorizing officers who may
execute State of California purchases for various equipment and
supplies;
RESOLUTION NO. 89 - 18
RESOLUTION OF THE COUNCIL OF THE CITY OF GILROY AUTHORIZING THE
DEPARTMENT OF GENERAL SERVICES OF THE STATE OF CALIFORNIA TO
PURCHASE VARIOUS TYPES OF EQUIPMENT AND SUPPLIES.
PASSED AND ADOPTED this 17th day of April, 1989, by the following
vote:
AYES:
COUNCILMEMBERS:
NOES:
ABSENT:
COUNCILMEMBERS:
COUNCILMEMBER:
HALE, KLOECKER, MUSSALLEM,
VALDEZ and HUGHAN
None
GAGE, and
PALMERLEE,
Approved Development Agreements #89-9 GFB Acquisition
Partnership and #89-1 MG, Gilroy, Southpoint Outlet Mall as
recommended.
Roll Call of the Redevelopment Agency (Community Develop-
ment Agency): Present: Agencymembers: Hale, Kloecker, Mussallem,
Palmerlee, Valdez and Hughan. Chairperson Hughan noted that she
would not take part in the discussion nor action on any business
regarding the Redevelopment Agency due to a conflict of interest
on same but would Chair the meeting.
Executive Director Dorn explained the proposed resolution
and boundary changes.
Motion was made by Agencymember Kloecker seconded by
Agencymember Palmerlee that the reading of Resolution No. 89-3 be
waived and that it be adopted recommending Project Area Boundary
Changes for the City of Gilroy Community Redevelopment Project
Area.
RESOLUTION NO. 89 - 3
COMMUNITY DEVELOPMENT AGENCY
A RESOLUTION OF THE COMMUNITY DEVELOPMENT AGENCY OF THE CITY OF
GILROY, CALIFORNIA, RECOMMENDING PROJECT AREA BOUNDARY CHANGES
FOR THE CITY OF GILROY COMMUNITY REDEVELOPMENT PROJECT AREA.
PASSED AND ADOPTED this 17th day of April, 1989, by the following
vote:
AYES:
AGENCYMEMBERS: HALE, KLOECKER, PALMERLEE, VALDEZ and
MUSSALLEM
AGENCYMEMBERS: None
AGENCYMEMBERS: GAGE and HUGHAN;
NOES:
ABSENT:
Motion was made by Agencymember Kloecker seconded by
Agencymember Palmerlee that the reading of Resolution No. 89-4 be
waived and that it be adopted authorizing a Joint Public Hearing
of the Community Development Agency and the City Council of the
City of Gilroy.
RESOLUTION NO. 89 - 4
COMMUNITY DEVELOPMENT AGENCY
A RESOLUTION OF THE COMMUNITY DEVELOPMENT AGENCY OF THE CITY OF
GILROY, CALIFORNIA, AUTHORIZING A JOINT PUBLIC HEARING OF THE
COMMUNITY DEVELOPMENT AGENCY AND THE CITY COUNCIL OF THE CITY OF
GILROY.
5736
Roll Call
PASSED AND ADOPTED this 17th day of April, 1989, by the following
vote:
AYES:
AGENCYMEMBERS: HALE, KLOECKER, PALMERLEE, VALDEZ
and MUSSALLEM
AGENCYMEMBERS: None
AGENCYMEMBERS: GAGE and HUGHAN;
NOES:
ABSENT:
Motion was made by Agencymember Kloecker seconded by
Agencymember Palmerlee that the reading of Resolution No. 89-5 be
waived and that it be adopted, adopting the State of California
Guidelines for Agency implementation of the California Relocation
Assistance Act.
RESOLUTION NO. 89 - 5
COMMUNITY DEVELOPMENT AGENCY
RESOLUTION OF THE COMMUNITY DEVELOPMENT AGENCY OF THE CITY OF
GILROY ADOPTING THE STATE OF CALIFORNIA GUIDELINES FOR AGENCY
IMPLEMENTATION OF THE CALIFORNIA RELOCATION ASSISTANCE ACT.
PASSED AND ADOPTED this 17th day of April, 1989, by the following
vote:
AYES:
AGENCYMEMBERS: HALE, KLOECKER, PALMERLEE, VALDEZ and
MUSSALLEM
AGENCYMEMBERS: None
AGENCYMEMBERS: GAGE and HUGHAN;
NOES:
ABSENT:
Motion was made by Agencymember Kloecker seconded by
Agencymember Palmer1ee that the reading of Resolution No. 89 - 6
be waived and that it be adopted authorizing submission of the
proposed Redevelopment Plan, report on the plan and environmental
impact report to the City of Gilroy Planning Commission and to
the City Council.
RESOLUTION NO. 89 - 6
COMMUNITY DEVELOPMENT AGENCY
RESOLUTION OF THE COMMUNITY DEVELOPMENT AGENCY OF THE CITY OF
GILROY AUTHORIZING SUBMISSION OF THE PROPOSED REDEVELOPMENT PLAN
AND ENVIRONMENTAL IMPACT REPORT TO THE CITY OF GILROY PLANNING
COMMISSION AND TO THE CITY COUNCIL OF THE CITY OF GILROY PRIOR TO
PUBLIC HEARING.
PASSED AND ADOPTED this 17th day of April, 1989, by the following
vote:
AYES:
NOES:
ABSENT:
AGENCYMEMBERS: HALE, KLOECKER, PALMERLEE, VALDEZ and
MUSSALLEM
AGENCYMEMBERS: None
AGENCYMEMBERS: GAGE and HUGHAN,
Motion was made by Agencymember Kloecker seconded by
Agencymember Palmer lee that the reading of Resolution No. 89 - 7
be waived and that it be adopted, adopting rules for Business
Tenant Preference and Owner Participation and authorizing
transmittal of same to the City Council.
RESOLUTION NO. 89 - 7
COMMUNITY DEVELOPMENT AGENCY
A RESOLUTION OF THE COMMUNITY DEVELOPMENT AGENCY OF THE CITY OF
GILROY ADOPTING RULES FOR BUSINESS TENANT PREFERENCE AND OWNER
PARTICIPATION AND AUTHORIZING TRANSMITTAL OF SAME TO THE CITY
COUNCIL OF THE CITY OF GILROY.
PASSED AND ADOPTED this 17th day of April, 1989, by the following
vote:
AYES:
AGENCYMEMBERS:
VALDEZ and
NOES:
ABSENT:
AGENCYMEMBERS:
AGENCYMEMBERS:
HALE, KLOECKER, PALMERLEE,
MUSSALLEM
None
GAGE and HUGHAN
The Chairperson adjourned the meeting of the Redevelopment
Agency and as Mayor reconvened the regular Council Meeting.
Present: Councilmembers: Leonard A. Hale, Paul V. Kloecker,
Larry Mussallem, Daniel D. Palmerlee, Pete Valdez, Jr. and
Roberta H. Hughan; Absent: Councilmember: Donald F. Gage.
Bids re:
Auditors
RDO Limits
Res.89-19
Wells Fargo
Buena Vista/
Willis
Detach. 88-4
Res.89-20
5737
City Administrator Baksa presented a recommendation on the
selection of independent auditor for 1988-89, 1989-90 and 1990-
91, recommending Conrad & Associates further explained by
Director of Finance Shaw.
Motion was made by Councilman Kloecker seconded by
Councilman Palmerlee and carried that the proposal of Conrad &
Associates for the City's independent auditor be approved as
recommended.
The Mayor stated that it was the time and place scheduled
for a Public Hearing to establish numerical limits of dwelling
units to be permitted under the requirements of the City's
Residential Development Ordinance for the years 1990, 1991 and
1992.
Planning Director Dorn further explained the Staff Report.
The Mayor asked if there was anyone in the audience wishing
to speak on the matter.
Mr. Robert Livengood, Executive Director of Governmental
Affairs of the Building Industry Association, addressed the
Council requesting to be involved in wastewater treatment
discussions of the Council and meetings with Morgan Hill Council
regarding same.
The Mayor asked if there was anyone further in the audience
wishing to speak on the matter. There was no comment from anyone
in the audience. The Mayor closed the Public Hearing.
Motion was made by Councilman Kloecker seconded by
Councilman Palmer lee that the reading of Resolution No. 89-19 be
waived and that it be adopted establishing numerical limits of
zero for the years 1990, 1991 and 1992 as recommended.
RESOLUTION NO. 89 - 19
RESOLUTION OF THE COUNCIL OF THE CITY OF GILROY ADOPTING
NUMERICAL LIMITS FOR RESIDENTIAL DWELLING UNITS TO BE ISSUED
BUILDING PERMITS FOR EACH OF THE YEARS 1990, 1991, AND 1992.
PASSED AND ADOPTED this 17th day of April, 1989, by the following
vote:
AYES:
COUNCILMEMBERS:
HALE, KLOECKER, MUSSALLEM, PALMERLEE,
VALDEZ and HUGHAN
None
GAGE
NOES:
ABSENT:
COUNCILMEMBERS:
COUNCILMEMBER:
A letter from Wells Fargo Bank was noted to withdraw their
request to change parking time limits.
A recommendation to detach 4.8 acres of Uninhabited Terri-
tory from the City and annex same to the South Santa Clara County
Fire District, to be known as "Buena Vista/Willis Detachment
Reorganization 88-4" of the City of Gilroy was noted.
The Mayor asked if there was anyone in the audience wishing
to speak on the matter. There was no comment from anyone in the
audience.
Motion was made by Councilman Kloecker seconded by
Councilman Hale that the reading of Resolution No. 89 - 20 be
waived and that it be adopted detaching 4.8 acres from the City
and annexing same to the South Santa Clara County Fire District
to be known as "Buena Vista/Willis Detachment Reorganization 88-
4" of the City of Gilroy as recommended.
RESOLUTION NO. 89 - 20
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY PURSUANT
TO DIRECTION BY SANTA CLARA COUNTY LOCAL AGENCY FORMATION
COMMISSION WITH REGARD TO A REORGANIZATION OF TERRITORY
DESIGNATED AS BUENA VISTA/WILLIS DETACHMENT 88-4.
PASSED AND ADOPTED this 17th day of April, 1989, by the following
vote:
5738
Res.89-21/
899-23
Cable TV
AYES:
COUNCILMEMBERS:
HALE, KLOECKER, MUSSALLEM,
VALDEZ and HUGHAN
None
GAGE
PALMERLEE,
NOES:
ABSENT:
COUNCILMEMBERS:
COUNCILMEMBER:
Council action regarding Redevelopment Agency. The Mayor
noted that she would Chair the meeting but would not take part in
the discussion nor action on the matter due to a conflict of
interest on same.
Motion was made by Councilman Palmerlee seconded by Coun-
cilman Kloecker that the reading of Resolution No. 89-21 be
waived and that it be adopted authorizing a Joint Public Hearing
of the Community Development Agency.
RESOLUTION NO. 89 - 21
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY
AUTHORIZING A JOINT PUBLIC HEARING OF THE COMMUNITY DEVELOPMENT
AGENCY OF THE CITY OF GILROY AND THE CITY COUNCIL OF THE CITY OF
GILROY.
PASSED AND ADOPTED this 17th day of April, 1989, by the following
vote:
AYES:
COUNCILMEMBERS:
HALE, KLOECKER, PALMERLEE, VALDEZ and
MUSSALLEM
None
GAGE and HUGHAN;
NOES:
ABSENT:
COUNCILMEMBERS:
COUNCILMEMBERS:
Motion was made by Councilman Palmerlee seconded by
Councilman K10ecker that the reading of Resolution No. 89-22 be
waived and that it be adopted appointing a Relocation Appeals
Board.
RESOLUTION NO. 89 - 22
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY APPOINTING
A RELOCATION APPEALS BOARD.
PASSED AND ADOPTED this 17th day of April, 1989, by the following
vote:
AYES:
COUNCILMEMBERS: HALE, KLOECKER, PALMERLEE, VALDEZ and
MUSSALLEM
COUNCILMEMBERS: None
COUNCILMEMBERS: GAGE and HUGHAN;
NOES:
ABSENT:
Motion was made by Councilman Palmerlee seconded by
Councilman Kloecker that the reading of Resolution No. 89-23 be
waived and that it be adopted electing tax increment pass-
through.
RESOLUTION NO. 89 - 23
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY ELECTING TAX
INCREMENT PASS-THROUGH.
PASSED AND ADOPTED this 17th day of April, 1989, by the following
vote:
AYES:
COUNCILMEMBERS: HALE, KLOECKER, PALMERLEE, VALDEZ and
MUSSALLEM.
COUNCILMEMBERS: None
COUNCILMEMBERS: GAGE and HUGHAN.
NOES:
ABSENT:
The Mayor asked if there was anyone in the audience wishing
to speak on any matter not on the agenda.
Mr. Richard Anderson, representing Red Carpet Realty,
addressed the Council requesting sewer allocation for a project
at Church and Third Streets. Council agreed that the matter be
agendized for the May 1, 1989 regular Council Meeting requesting
Staff options how to accomplish same.
A letter from Mr. Bob Harke, representing Monterey Bay
Television Productions noting a proposal for a Community Access
Cable Channel for Gilroy was noted and further explained by Mr.
Harke. Council took no action on the request.
Budget Req.
SB 103
Plan. Com.
4-6-89
Pers.Com.
4-10-89
Lines of
Succession-
Sch. Dist.
Sewer Fees
Water prog.
r'130
J I '.}
A request of South Valley Counseling Center, Inc. for Funds
from the 1989-90 City Budget was noted. It was noted that the
request could be made at the Public Hearing on the 1989-90
Budget; however, Council policy has been that there are no funds
available for non-profit organizations.
A request from Senator Robbins for support to SB 103 was
noted. Council took no action on the request.
The following informational items were noted with no
separate discussion on same:
Planning Staff Approvals, dated March 31, 1989;
Santa Clara Valley Water District re: Santa Clara Valley
Water Commission - 1989 Water Use Reductions;
San Ysidro School--Second Grade in appreciation;
San Jose State University in appreciation of participation
in the Institute of Urban Affairs Certificate in Government
Management Program;
Certificates of Service for Nominees of the Eleventh Annual
"Women of Achievement Awards" in various categories;
Assemblyman Areias in Appreciation of Support for AB 357
(Roos) re: Semi-Automatic Assault Weapons;
Proclamations Issued by Mayor Hughan: CountDown USA Day -
April 26, 1989 and Fair Housing Month - April, 1989;
Gilroy Downtown Development Corporation in Support of the
Gilroy Redevelopment Agency and Draft EIR for the Project;
CalTrans Alternatives for Route 152 Transportation Corridor
Study;
Santa Clara County Advance Planning Office Info
Publication;
Falcon Cable Systems Company re: Customer Services;
Susan Gonzales re: Water Reduction Program; and
South Valley Refuse Disposal, Inc. Mini-Scholarship for
City Sports Activities.
The Report of the Planning Commission Meeting of April 6,
1989 was noted.
The Report of the Personnel Commission Meeting of April 10,
1989 was noted.
City Administrator Baksa presented a recommendation for
Emergency and Non-Emergency Lines of Succession.
Motion was made by Councilman Palmerlee seconded by
Councilman Kloecker and carried that the Administration Emergency
and Non-emergency Lines of Succession be approved as presented.
City Administrator Baksa noted a request of the School
District re: Sewer Fees and if Council wished to pursue the
matter with the EPA.
Motion was made by Councilman Mussallem seconded by
Councilman Palmerlee and carried that the City Administrator be
authorized to pursue the matter with EPA regarding School
District sewer fees and that the School Board be notified of what
the City Council's position is on the matter.
City Administrator Baksa gave an update on the Water
Conservation Program and Issues requesting Council decision
whether or not to allow new landscape applicants to irrigate on
additional days other than their scheduled days under the
Program. Council agreed that new landscaping could be irrigated
on its scheduled two days only.
574C
Solid Waste
Mngmt. Plan
Qtr.Report
Budget
Meeting
Adjrnmt.
City Administrator Baksa noted a Solid Waste Management
Plan/Santa Clara County, further explained by HCD Grant
Coordinator Rojas, requesting authorization to comment on the
four items noted.
Motion was made by Councilman Palmer1ee seconded by
Councilman Mussallem and carried that the comments on the Solid
Waste Management Plan as presented be forwarded to the County.
City Administrator Baksa distributed copies of the First
Quarterly Report to Council.
City Administrator Baksa suggested a Study Session of May
8, 1989 at 7:00 p.m. to discuss the City Budget format. Council
concurred.
The Mayor noted that she would be going to Sacramento to
testify on the Train Legislation.
City Administrator Baksa gave an update on MSI Task Force
Committee noting their last meeting is scheduled for Thursday,
before compiling the Final Draft recommendation.
Noted the Joint Gilroy/Morgan Hill City Councils' Study
Session, April 20, 1989, 6:30 p.m. at the Gilroy Senior Center
re: Continued Review and Discussion of the "Wastewater Five Year
Plan" - James M. Montgomery, Consulting Engineers.
Noted the Joint Gilroy City Council/Community Development
Agency Special Meeting and Public Hearing on the Redevelopment
Plan and Final Environmental Impact Report for the City of Gilroy
Community Redevelopment Project, May 22, 1989 - 8:00 p.m., Gilroy
City Council Chambers, City Hall.
Noted the City Council Closed Session of May 1, 1989 - 6:00
p.m., Council Chambers, City Hall.
At 9:35 p.m. the Mayor adjourned the meeting.
Respectfully submitted,
~~r.;t/~